Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I would like some help trying to remove an old default from Aktiv Kapital which I believe they should not have placed on my records.
The account was sold to them by GE money as I got behind on my payments. GE Money sold the account to AK at the end of June 2004 and once I received a letter from AK for payment, I paid the amount in full (£475) at the beginning of August 2004. Now looking through my credit file I have seen the Default placed on the system by Aktiv Kapital. I have spoken to them in the past and when they have looked through my records one staff member said that there should not be a default on my account and they will send it to the account department to get it removed. They called me 2 days later and said that yes the default was correct and it was placed on my file by GE money, and when they brought the account they just changed the name from GE Money to Aktiv Kapital and they can not remove it.
I sent them a letter requesting that they remove this and I want proof that they sent me a default notice (which they told me on the phone that they never sent me a letter). What can I do to get them to remove this. They got my letter in 2nd April.
Please can someone advise what I can do to get this removed it has been 5 years now, and they have messed up my credit rating all this time, I never defaulted with AK so why have they got this on my records
(Copy of the letter I sent below)
Dear Sir or Madam
Reference number:XXXXXXX
After recently obtaining a copy of my credit file from Experian I was concerned to note that your company has placed a "Default" notice against my name.
Further to this have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.
1. Please supply me with a true copy of the alleged agreement. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee,
2. Please supply me with a signed true and certified copy of the original default notice
3. Any deed of assignment if the debt was sold on
I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.